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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Carnapped Vehicle: Steps To Take When Your Car Is Stolen

These days, a car is more of a need than a want as it conveniently takes you from point A to point B. What if someone takes away the convenience you enjoy for their own gain? It is indeed devastating and even disheartening to discover that your parked car is nowhere to be found. All the hardwork is wasted upon finding out that your vehicle has been carnapped. You may immediately panic, but it is important to have presence of mind so you can still hold on to essential details, which will help you track your stolen car. 

The details you need to obtain before contacting the authorities are the distinguishing features of your car, Vehicle Identification Number (VIN), car's make and model and the license plate number. 

There are instances when your car is parked in a different section. In this case, your car may not be stolen but towed. Before going on panic mode, make sure you verify this information. If your vehicle is being towed, you need to get the contact number of a traffic management or local towing office. 

If you have a car insurance, you should also let the insurance company know about the incident. If you have got a cover that protects your vehicle against theft, you will be able to get an insurance coverage for the vehicle's fair market value. You will need to present a copy of the police report and certificate of registration to your provider. 

Most vehicles are equipped with Global Positioning System (GPS) unit that enables car owner to determine where their car is. This car feature will also increase the odds that you are going to recover your car. 

Section 14 of Republic Act No. 6539 provides details on the penalty imposed upon individuals who violate the law:

Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping.

8 New Philippine Laws: Part 8 of 8 Anti-Age Discrimination For Employees

Has an employer ever refused you because of your age? A jobseeker is deterred from landing himself/herself a job because of age. With the new law known as the Republic Act 10911 or "An act prohibiting discrimination against any individual in employment on account of age and providing penalties therefore"does not allow employers to deny opportunities to employees on the basis of age. Employment and recruitment agencies are also prohibited from refusing to provide assistance to individuals regardless of their age from seeking employment. 

Sec. 5. Prohibition of Discrimination in Employment on Account of Age

a) It shall be unlawful for an employer to:

1)Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;

2)Require the declaration of age or birth date during the application process;

3)Decline any employment application because of the individual's age;

4)Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual's age;

5)Deny any employee's or worker's promotion or opportunity for training because of age;

6)Forcibly lay off an employee or worker because of old age; or

7)Impose early retirement on the basis of such employee's or worker's age.

b)It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person's age. 

c) It shall be unlawful for a labor organization to:

1)Deny membership to any individual because of such individual's age;

2)Exclude from its membership any individual because of such individual's age;

3)Cause or attempt to cause an employer to discriminate against an individual in violation of this Act. 

d)It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.

Sec. 7. Penalty

Any violation of this Act shall be punished with a fine of not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00, or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity. 

8 New Philippine Laws: Part 1 of 8 Stricter Anti-Carnapping Law

Carnapping is one of the crimes in the Philippines that the government is still trying to combat considering the fact that there are still many unsolved criminal cases that need extra attention. Law enforcers have now implemented stricter rules with the new anti-carnapping act 2016. Republic Act No. 10883 or the New Anti-Carnapping Act of 2016 aims to implement harsher rules and penalties. 

Approved by former president Benigno S. Aquino III on July 17, 2016, this law will be keen on identifying violators of the law. 

Setion 3. Carnapping; Penalties.- Carnapping is the taking, with the intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. 

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or intimidation of persons, or force upon things; and by imprisonment for not less than (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of teh carnapped motor vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of carnapping shall be denied bail when the evidence of guilt is strong.  

Section 4. Concealment of Carnapping - Any person who conceals carnapping shall be punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided, that if the person violation any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its president, secretary, and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation. 

Any public official or employee who directly commits unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited and shall be permanently disqualified from holding public office. 

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